Bullying Preventions in K-12: A Counselor's Perspective by Hanna Curran https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q 6305 Legal and Ethical Principles Dr. Amy Murphy en-us 2023-06-10 14:58:24 UTC 2023-07-22 18:52:42 UTC hello@padlet.com #1 Professional Perspective/Audience/Topic hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886010 I am a K-12 school counselor, focused on the elementary school grades. This guide addresses the counselor's role in preventing, redirecting, and resolving situations that involve bullying. Counselors are responsible for advocating for prevention programs, restorative policies, and guiding students in learning conflict resolution and communication skills. While counselors should understand all policies and consequences and have a role in identification and reporting of bullying, the counselors role should not be to administer consequences or punishments.

According to StopBullying.gov, 19% of students ages 12-18 report they have experienced bullying, and 15% report they have experienced cyberbullying (U.S. Department of Health and Human Services, 2023). These statistics indicate that bullying is prevalent and occurs both on campus and off campus through technology.

I chose this issue due to my expectation that I will encounter this issue and my understanding that educating students about bullying is an effective preventative approach. Reflecting on laws and news stories related to bullying events, gives insight on how to incorporate professional standards in developing prevention goals and programs.

U.S. Department of Health and Human Services. (2023, July 17). Facts about bullying. Stopbullying. https://www.stopbullying.gov/resources/facts#_Fast_Facts]]> 2023-06-10 15:00:26 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886010 #2 Summary of Topic hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886118 Impact:
Understanding laws related to bullying is important when educating students, working with families, and advocating for programs and policies. Additionally, as counselors are often in contact with families involved in bullying incidents, understanding the legal ramifications of bullying is important to mitigating non-compliance with procedures. Issues related to confidentiality may be tied to bullying, therefore a counselor must recognize when to break confidentiality, due to potential harm or illegal acts.  Counselors must also refer to professional standards and prevent role confusion in bullying situations, recognizing that the counselors role is different that an administrator.

Emerging Issues:
Cyberbullying is becoming a common way for children to bully each other and can easily occur without an adult knowing. The increased use of social platforms by children creates new avenues for potentially negative interactions. YouTube, Snapchat and TikTok are common apps that children interact on and the increased use of technology due to COVID-19 has continued.  Schools, parents, and students must continue to adapt to the increased use of technology in and out of the classroom, and find ways to monitor technology while teaching students how to communicate using technology in a positive, productive way.

]]> 2023-06-10 15:00:49 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886118 #3 Professional Association hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886235 Summary: School counselors foster a safe, supportive learning environment my teaching students skills that prevent the onset of bullying. Counselors understand that bullying should not be addressed after it has occurred, but can be prevented by teaching students applicable skills, such as communication and conflict resolution. Further, counselors advocate for equitable and inclusive policies, programs, and procedures that support development in areas of growth for staff, students, and community.

American School Counselor Association. (2022). The school counselor and bullying/harassment prevention and the promotion of safe schools. Schoolcounsleor. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-the-Promotion-of-Safe-Sch]]> 2023-06-10 15:01:12 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886235 #6 Original Source of Law: Statutory Law hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886385 Summary: One act or repeated acts by one student towards another. One student exerts power over the other through written, verbal, or physical methods, including electronic. Acts harm the student physically, harm their property, or the acts create fear this will happen. This happens to a degree that creates an “intimidating, threatening, or abusive” atmosphere that alters the climate of the classroom and impedes the student's rights. This includes on or off-campus cyber-bulling
using any form of electronic communication. A school board will adopt a policy that addresses prevention and procedures if bullying occurs.

State Statutory Law
David's Law: Bullying Prevention Policies and Procedures, Tex. Educ. Code § 37.0832
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm]]> 2023-06-10 15:01:43 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886385 #5 Current News Articles hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886410 Summary: A middle school student has reported to his school administration of multiple incidences on the school bus of bullying and harassment. The incidences have included ridicule related to sexuality and identity. Reports to the school, which include video evidence, were investigated and dismissed. The student addressed the school board asking for assistance and have also reached out to the county human services and police. 

  • The article addresses administrative issues related to reporting and addressing of bullying incidences. 
  • As the bullying is related to sexual identity and orientation, the student able to refer to Title IX of the Education Amendments of 1972. Interpretation of this law extended protection of harassment due to sexual orientation and identity (U.S. Department of Education, 2021). 

Fox 29. (2023, March 13). Local boy asks school board for help after family claims incessant bullying has gone unaddressed. fox29. https://www.fox29.com/news/local-boy-asks-school-board-for-help-after-family-claims-incessant-bullying-has-gone-unaddressed

U.S. Department of Education. (2021, June 16). U.S. Department of education confirms Title IX protects students from discrimination based on sexual orientation and gender identity. Ed. https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity
]]> 2023-06-10 15:01:49 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886410 #10 School or Organization Law hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886580 Summary: AISD prohibits all forms of bullying, including cyberbullying. It prohibits retaliation for reporting bullying and enforces discipline for false claims. Reports of bullying within a specific time frame are required and follow procedures that include a student report and employee report, either orally or in writing. Students may notify a teacher, counselor, or administrator. If a school employee suspects or is notified of bullying they must report to their administrator. A notification may be oral or written, however if oral the report will be transcribed to a written report by the administrator. Parents must be notified within three days of allegations. The conduct is investigated, defined, and concluded with a report within 10 days. Parents are again contacted. The school district will take action according to the student code of conduct if bullying is confirmed, which may include removal from class, expelling, and alternative education. Counseling will be made available to the victim and they may request a transfer. The matter will be confidential and the perpetrator may file an appeal.


Administrative Law:
Austin Independent School District. (n.d.). Student Success Guide. Austinisd. https://www.austinisd.org/sites/default/files/dept/family-support/Student-Success-Guide-2022-23-Eng..pdf

]]> 2023-06-10 15:02:27 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886580 #8 Original Sources of Law at Federal or State Level: Federal Statutory Law hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886661 There are no federal anti-bullying laws. However, federal anti-discrimination laws may apply in cases of bullying. When bullying is tied to discrimination based on race, sexual orientation, religion, or gender it may be considered a civil rights violation concerning this and other civil
rights statutes.

Summary: Any institution that receives public funds may not discriminate based on “race, color, or national origin” according to the Civil Rights Act of 1964.

Federal Statutory Law
Title VI Of The Civil Rights Act Of 1964 42 U.S.C. § 2000d Et Seq. https://www.justice.gov/crt/fcs/TitleVI-Overview]]> 2023-06-10 15:02:45 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886661 #9 Original Sources of Law at Federal or State Level: Judicial Law hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886700 Summary: A student, Kowalski, created a MySpace page dedicated to ridiculing another student and invited 100 peers to join. Upon discover the victimized student reported the page and Kowalski was suspended for five days and also excluded from school social activities for 90 days. Kowalski then sued the school district claiming she was isolated, depressed, and as a result began to take prescription medication. 
Kowalski claimed in her case violations of free speech (1st amendment), due process (14th amendment), equal protection (14th amendment), and cruel and unusual punishment (8th amendment). Additionally she claimed negligence by mental distress. Her claims were rejected and upon appeal the verdict was affirmed. 
In the case of free speech, it was determined that though the website was created outside of school, she targeted another student and therefore "her  speech  interfered  with  the work  and  discipline  of  the  school" (Kara Kowalski v. Berkeley County Schools, 2011). This sets the precedent that  speech occurring online outside of school is regulated by the same district policies regarding bullying on camps.
Due process violations were also dismissed due to Kowalski acknowledgement that she received a student handbook which outlines policies and procedures related to bullying and harassment.

Judicial Law:
Kara Kowalski v. Berkeley County Schools, et al. (4th Cir. July 2011)
]]> 2023-06-10 15:02:52 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886700 #7 Policy or Rule from a School or Institution - Statutory Law: hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886858 Summary: A person may file a temporary restraining order against a person who is cyberbullying them. If either party is under the age of eighteen, then a parent may file a temporary restraining order or is required to prevent continued cyberbullying. The order may be filed based on a reasonable expectation that cyberbullying will be proven.

State Statutory Law
Relief for Cyberbullying of a Child, Civ. Prac. & Rem. § 129A
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.129A.htm

]]> 2023-06-10 15:03:29 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619886858 #11 Ethical Principle hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887017 A.11. Bullying, Harassment, Discrimination, Bias and Hate Incidents
d. Report all incidents of bullying, dating violence or 
harassment to the administration, recognizing these behaviors may fall under Title IX of the Education Amendments of 1972 or other federal and state laws as illegal and require administrator intervention.

This standards explains the ethical and legal obligation of counselors to report bullying to administration. Counselors may be receivers of confidential information, therefore it is important to understand situations where behavior may case foreseeable harm or be illegal and therefore should be shared with administration. Further, a counselors role is not discipline, and inclusion of an administrator prevents role confusion and loss of trust.


American School Counselor Association. (2022). ASCA ethical standards for school counselors. Schoolcounselor. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf
]]> 2023-06-10 15:03:56 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887017 #12 Non-Law Source hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887185 David's Legacy Foundation is dedicated to education and prevention of cyberbullying, named for a young man who committed suicide after he was cyber bullied. David's Law is legislation passed in his honor that empowers schools to combat cyber bullying through district policies. The website also offers resources for families who's children are experiencing bullying, checklists for schools, legislative updates, and educational opportunities. A counselor can reference this website to learn more about legal issues surrounding bullying and prevention programming. 

David's Legacy Foundation. (2021). Davidslegacy. https://www.davidslegacy.org/]]> 2023-06-10 15:04:13 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887185 #13 Bulleted list of Recommendations / Best Practices for Compliance hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887344
  • School districts should develop specific policies and procedures for reporting bullying. These guidelines should identify stakeholder responsibilities, definitive timelines, and requirements for documentation.
  • School districts should identify specific behaviors that may fall under the umbrella of bullying and are therefore prohibited. These behaviors should be included in the Student Handbook and delivered to each student. The handbook prevents claims of due process violations as each student is educated on behavior expectations. The handbook should specifically address behaviors that may be argued to be off campus, such as cyberbullying.
  • School counselors should collaborate with administration and staff to discuss procedures and signs of bullying during beginning of the year professional development. Staff are more likely to be compliant with procedures if they are clearly explained, therefore mitigating risk. 
  • School counselors should review ethical principals and standards for their profession to ensure they can identify situations that may cause foreseeable harm and create risk of suicide. A counselor should understand the limits of confidentiality in these cases and the legal obligation to report the situation.
  • The entire staff should understand procedures related to suicide risk. Counselors are campus leaders who should collaborate with administrators to develop these procedures, including parental notification and steps to keep the student safe. The school district should include district wide training each year on identifying students at risk. (Austin ISD does this virtually every year)
  • Administrative laws (policies and procedures adopted by the school board) should align with the Texas Education Code.
  • Counselors are advocates, therefore should be aware of current trends and legislative priorities that affect education and counseling profession. Counselors have the ability to influence legislative actions and school board decisions through advocacy. 
  • Counselors should maintain current understanding of news, which provide insight into situations. For example, following a news story about a student who was bullied and self harmed allows a counselor to recognize procedural missteps, legal implications, potential negligence, and court decisions. A counselor can use this information to prevent future risk.
    • ]]>     2023-06-10 15:04:43 UTC https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2619887344     #4 Current News Articles hcurran11 https://padlet.com/hcurran11/kj0ddhkb9vrvoo7q/wish/2631793239 Summary: A 12 year old student committed suicide following repeated bullying and cyber bullying. The bullying had been reported to administration, however no action was taken and the primary perpetrator was not removed from class or school.

    • This articles emphasizes the impact of bullying on a student's mental health and potential harm from inaction. 
    • The lack of action on the part of the school shows the need for specific school administrative law school policies and procedures related to reporting and consequences.

    Tsujimoto, B. (2023, Jun 21). Family demands change in Buffalo Schools after a 12-year-old, bullied relentlessly, dies by suicide. Buffalonews. https://buffalonews.com/news/local/education/buffalo-schools-bullying-death/article_7b8de5ee-0ef6-11ee-889f-e75db3ae90da.html
     

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